DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/04/26 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 4-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the mounting portion" in line 8 of the claim. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claims 4-20 are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sterns 214061 in view of Jacobson 3,332,654; Droste 5,598,662 and Travisono 2018/0146804.
Regarding claim 1, Sterns discloses an apparatus (Fig 1) for storing items, comprising:
one or more tray assemblies (Figs 1 & 3, C) for or capable of supporting one or more trays; wherein each of the one or more tray assemblies (Sterns, Figs 1 & 3, C) comprises a tray assembly that includes a tray support portion (Sterns, Figs 1 & 3, d) and a support portion (Sterns, Figs 1 & 3, e); wherein the tray support portion (Sterns, Figs 1 & 3, d) comprises a ring-like member (Sterns, Fig 3, d) having a central opening (Sterns, annotated Fig 3 below) configured to or capable of receiving any one of the one or more trays;
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a mounting portion (Fig 1, B); and
wherein the one or more tray assemblies (Figs 1 & 3, C) are configured to capable of moving with respect to the mounting portion (Fig 1, B);
an axle (Fig 1, A) coupling the one or more tray assemblies (Figs 1 & 3, C) with the mounting portion (Fig 1, B).
Sterns has been discussed above but does not explicitly teach the apparatus comprises one or more trays for storing items; and multiple protrusions distributed around each ring-like member to facilitate using fingers to move the one or more tray assemblies with respect to the mounting portion.
Jacobson discloses an apparatus (Fig 1) for storing items, comprising one or more trays (Fig 1, #50) for storing items; and one or more tray assemblies (Fig 1, #46) for supporting the one or more trays (Fig 1, #50).
Droste teaches that it is old and well known in the art for a potted plant (shownin Fig 1) to be placed upon a tray (Fig 1, #122).
Travisono discloses an apparatus (Fig 2) for storing items comprising one or more the one or more tray assemblies (Fig 2, #22a) each comprising a ring-like member (Fig 5A & 5B, #56) and multiple protrusions (annotated Fig 5A below) distributed around each ring-like member (Fig 5A & 5B, #56) capable of being used to facilitate using fingers to move the one or more tray assemblies (Fig 2, #22a) with respect to a mounting portion (Fig 2, #20).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to insert a tray (Jacobson, Fig 1, #50) in one of the tray assemblies (Sterns, Figs 1 & 3, C) of Stern in order to support a flower pot and/or to collect water from the flower pot using the teachings of Droste.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach protrusions (Travisono, annotated Fig 5A above) to the circumference of the one or more tray assemblies (Sterns, Figs 1 & 3, C) of Stern in order to store or hang more objects from the one or more tray assemblies (Sterns, Figs 1 & 3, C) of Stern.
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Regarding claim 4, modified Sterns discloses the apparatus wherein the tray support portion (Sterns, Figs 1 & 3, d) is made of a rigid material that is capable of supporting a combined weight of the one or more trays (Jacobson, Fig 1, #50) and items stored in the one or more trays (Jacobson, Fig 1, #50) without warping or bending out of shape.
Regarding claim 5, modified Sterns discloses the apparatus wherein the multiple protrusions (Travisono, annotated Fig 5A above) are disposed around the circumference of the tray support portion (Sterns, Figs 1 & 3, d) and are configured to or capable of facilitating using fingers to move the one or more tray assemblies (Sterns, Figs 1 & 3, C) with respect to the mounting portion (Sterns, Fig 1, B).
Regarding claim 6, modified Sterns discloses the apparatus wherein the multiple protrusions (Travisono, annotated Fig 5A above) comprises five protrusions that are distributed substantially uniformly around the tray support portion (Sterns, Figs 1 & 3, d).
Regarding claim 7, modified Sterns discloses the apparatus wherein the support portion (Sterns, Figs 1 & 3, e) comprises a reinforced portion (Sterns, annotated Fig 3 above) that is configured to couple the tray support portion (Sterns, Figs 1 & 3, d) to the mounting portion (Sterns, Fig 1, B).
Regarding claim 8, modified Sterns discloses the apparatus wherein the support portion (Sterns, Figs 1 & 3, e) is configured to maintain the orientation of the tray support portion (Sterns, Figs 1 & 3, d) with respect to the mounting portion (Sterns, Fig 1, B).
Regarding claim 9, as best understood, modified Sterns discloses the apparatus wherein the support portion (Sterns, Figs 1 & 3, e) is configured to or capable of supporting a total weight of the tray support portion (Sterns, Figs 1 & 3, d), any one of the one or more trays (Jacobson, Fig 1, #50), and items stored in the tray.
Regarding claim 10, modified Sterns discloses the apparatus wherein the support portion (Sterns, Figs 1 & 3, e) includes a reinforced hole (Sterns, annotated Fig 3 above) configured to receive the axle (Sterns, Fig 1, A).
Regarding claim 11, modified Sterns discloses the apparatus wherein the reinforced hole (Sterns, annotated Fig 3 above) has an inner diameter that allows the axle (Sterns, Fig 1, A) to rotate within the hole (Sterns, annotated Fig 3 above), such that the one or more tray assemblies (Sterns, Figs 1 & 3, C) can be rotated with respect to the mounting portion (Sterns, Fig 1, B).
Regarding claim 12, modified Sterns discloses the apparatus wherein the axle (Sterns, Fig 1, A) is retained within the reinforced hole (Sterns, annotated Fig 3 above) by way of a snap-pin (Sterns, annotated Fig 1 below).
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Regarding claim 13, modified Sterns discloses the apparatus wherein a material comprising the support portion (Sterns, Figs 1 & 3, e) that surrounds the reinforced hole (Sterns, annotated Fig 3 above) is configured to ride on the snap-pin (Sterns, annotated Fig 1 above) when the tray assembly (Sterns, Figs 1 &3, C) is rotated relative to the mounting portion (Sterns, Fig 1, B).
Regarding claim 14, modified Sterns discloses the apparatus wherein the axle (Sterns, Fig 1, A) comprises or is a one-tray axle (Sterns, Fig 1, A) that is configured to couple one tray assembly (Sterns, Figs 1 & 3, C) from the one or more tray assemblies (Sterns, Figs 1 & 3, C) with the mounting portion (Sterns, Fig 1, B).
Regarding claim 15, modified Sterns discloses the apparatus wherein the one-tray axle (Sterns, Fig 1, A) has an exterior diameter sized to be received into the reinforced hole (Sterns, annotated Fig 3 above) comprising the support portion (Sterns, Figs 1 & 3, e).
Regarding claim 16, modified Sterns discloses the apparatus wherein the one-tray axle (Sterns, Fig 1, A) includes snap-pin holes (Sterns, holes that receive the span pins (annotated Fig 1 above)) that are configured to fixedly receive at least one snap-pin (Sterns, annotated Fig 1 above) such that the one or more tray assemblies (Sterns, Figs 1 & 3, C) is slidably coupled with the mounting portion (Sterns, Fig 1, B).
Regarding claim 17, modified Sterns discloses the apparatus wherein the one-tray axle (Sterns, Fig 1, A) has a length that accepts the one tray assembly (Sterns, Fig 1 & 3, C) disposed between the mounting portion (Sterns, Fig 1, B) and the snap-pin (Sterns, annotated Fig 1 above).
Regarding claim 18, modified Sterns discloses the apparatus wherein the axle (Sterns, Fig 1, A) is a four-tray axle (Sterns, Fig 1, A) that is configured to couple four tray assemblies (Sterns, Fig 1, C) from the one or more tray assemblies (Sterns, Figs 1 & 3, C) with the mounting portion (Sterns, Fig 1, B).
Regarding claim 19, modified Sterns discloses the apparatus wherein the axle (Sterns, Fig 1, A) is a three-tray axle (Sterns, Fig 1, A) that is configured to couple three tray assemblies (Sterns, Fig 1, C) from the one or more tray assemblies (Sterns, Figs 1 & 3, C) with the mounting portion (Sterns, Fig 1, B).
Regarding claim 20, modified Sterns discloses the apparatus wherein the axle (Fig 1, A) comprises a two-tray axle (Sterns, Fig 1, A) that is configured to couple two tray assemblies (Sterns, Fig 1, C) from the one or more tray assemblies (Sterns, Figs 1 & 3, C) with the mounting portion (Sterns, Fig 1, B).
Response to Arguments
Applicant's arguments filed on 09/04/26 with respect to all claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
